In Re the Complaint and Petition of Pamina LLC for Exoneration from or Limitation of Liability, No. 2:2022cv01679 - Document 100 (W.D. Wash. 2023)
Court Description: ORDER granting Parties' 99 Stipulated MOTION for Trial Continuance. 7-10 day Bench Trial is set for 10/7/2024 before District Judge Kymberly K. Evanson. Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/4/2024, Discovery completed by 6/14/2024, Dispositive motions due by 7/12/2024, Motions in Limine due by 8/28/2024, Joint Pretrial Statement due by 9/3/2024, Pretrial Conference held no later than 9/27/2024. Signed by District Judge Kymberly K. Evanson. (SB)
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In Re the Complaint and Petition of Pamina LLC for Exoneration from or Limitation of Liability 1 Doc. 100 THE HONORABLE KYMBERLY K. EVANSON 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 11 12 PAMINA, LLC, as owner of the vessel, M/V PAMINA (Official Number 1143720), BRIAN PICKERING and LAURIE PICKERING, as sole members of PAMINA, LLC, and MARKEL AMERICAN INSURANCE COMPANY, as subrogee of Pamina, LLC, Brian Pickering and Laurie Pickering, 13 17 18 Third-Party Defendants, 19 20 21 JOINT STIPULATED MOTION FOR TRIAL CONTINUANCE AND ORDER HEARING DATE: October 31, 2023 v. DELTA MARINE INDUSTRIES, INC., N C POWER SYSTEMS CO., GLENDINNING PRODUCTS LLC, and DOCKMATE, INC., 16 No. 2:22-cv-01679-KKE Third-Party Plaintiffs, 14 15 IN ADMIRALTY IN RE: COMPLAINT AND PETITION OF PAMINA, LLC, as owner of the vessel, PAMINA, FOR EXONERATION FROM OR LIMITATION OF LIABILITY 22 23 I. RELIEF REQUESTED 24 The parties to this action hereby jointly move the Court, pursuant to Fed. R. Civ. P. 25 26 6(b)(1), to extend the discovery deadline and deadline for submitting expert reports by ninety (90) days, for good cause shown, as hereinafter set forth. 27 JOINT STIPULATED MOTION FOR TRIAL CONTINUANCE AND ORDER - 1 NO. 2:22-CV-01679-KKE F LOYD , P FLUEGER & R INGER P.S. 3101 WESTERN AVENUE, SUITE 400 SEATTLE, WA 98121 TEL 206 441-4455 FAX 206 441-8484 Dockets.Justia.com 1 II. STATEMENT OF THE FACTS 2 This is a case of admiralty and maritime jurisdiction brought under 28 U.S.C. §1333 3 4 and filed pursuant to Rule 9(h) of the Federal Rules of Civil Procedure and Rule F, Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil 5 6 7 Procedure. The case arises from a maritime accident involving the Vessel, Pamina. On May 28, 2022, the Vessel, while transiting through the Ballard Locks in Seattle, Washington, allegedly 8 and without warning, started to move in reverse while the engine control levers were in neutral 9 causing collisions with multiple other vessels and causing damages to these vessels as well as 10 11 to the Pamina. On November 22, 2022, Pamina, and its owners and insurer, initiated this action by 12 filing a Complaint for Exoneration from Limitation of Liability (“LOLA” action). On 13 14 January 19, 2022, this Court, pursuant to Supplemental Admiralty Rule F (3), ordered all other 15 actions arising from this maritime accident stayed until the termination of the LOLA action and 16 further ordered that any claimant wishing to assert a claim in the LOLA action must do so by 17 March 1, 2023. 18 19 On March 1, 2023, Pamina and its owners, Brian and Laurie Pickering, and its insurer, Markel American Insurance Company (Plaintiffs-In-Limitation), filed a Third-Party Complaint 20 21 22 (and First Amended Complaint on July 6, 2023) against Third Party Defendants, DELTA MARINE INDUSTRIES, INC, N C POWER SYSTEMS CO., GLENDINNING PRODUCTS 23 LLC, and DOCKMATE, INC., alleging that the damages related to this maritime accident 24 arose due to these parties’ negligent inspections, installation, supervision, or maintenance of the 25 Vessel’s engine systems. Alternatively, it is alleged that GLENDINNING PRODUCTS LLC 26 and/or DOCKMATE, INC. defectively designed and/or defectively manufactured the electronic 27 JOINT STIPULATED MOTION FOR TRIAL CONTINUANCE AND ORDER - 2 NO. 2:22-CV-01679-KKE F LOYD , P FLUEGER & R INGER P.S. 3101 WESTERN AVENUE, SUITE 400 SEATTLE, WA 98121 TEL 206 441-4455 FAX 206 441-8484 1 and/or wireless engine control systems or component parts thereof. In addition to numerous 2 affirmative claims filed by the parties, cross claims have been filed in this action by Third-Party 3 4 Defendants against one another. In addition to Plaintiffs-In-Limitation, five (5) other interested parties have filed claims. 5 6 Also, as noted, there are four (4) parties against whom claims of negligence and defective 7 design and manufacturing have been brought and these parties have asserted cross claims 8 against one another. Resolution of the case will require extensive written discovery. In addition, 9 the parties have engaged experts. Also, it is anticipated that the depositions of all interested 10 11 parties and of their experts will be required to resolve this claim. The parties’ counsel have conferred and agree that additional time is required to 12 complete discovery than currently allowed under the Court’s ORDER SETTING TRIAL 13 14 DATES entered on May 17, 2023. Pursuant to the Court’s current case scheduling order, the 15 parties’ expert reports are due on December 4, 2023, and the discovery deadline is January 3, 16 2024. Notwithstanding best efforts and progress towards the completion of discovery, given the 17 number of party claimants, Third-Party Defendants, and experts engaged by these parties in the 18 19 case, it will require approximately an additional ninety (90) days to produce expert reports and complete discovery. Below is a proposed timeline: 20 Activity Current Date Proposed Date BENCH TRIAL DATE July 1, 2024 October 7, 2024 23 Reports from experts December 4, 2024 March 4, 2024 24 Discovery Completed by January 3, 2024 June 14, 2024 25 Dispositive motions filed by February 4, 2024 July 12, 2024 26 Motions in limine filed by May 28, 2024 August 28, 2024 21 22 27 JOINT STIPULATED MOTION FOR TRIAL CONTINUANCE AND ORDER - 3 NO. 2:22-CV-01679-KKE F LOYD , P FLUEGER & R INGER P.S. 3101 WESTERN AVENUE, SUITE 400 SEATTLE, WA 98121 TEL 206 441-4455 FAX 206 441-8484 1 Joint pretrial statement June 3, 2024 September 3, 2024 2 Pretrial conference June 18, 2024 September 18, 2024 3 Length of bench trial 7-10 days 7-10 days 4 III. 5 LAW AND ARGUMENT 6 Federal Rule of Civil Procedure 6(b)(6) authorizes a district court to grant timely 7 motions to extend time for “good cause.” Fed. R. Civ. P. 6(b)(1) (upon a showing of good 8 cause, a court may extend a deadline to act “if a request is made before the original time or its 9 extension expires ...”). See also Lujan v. Nat’l Wildlife, Fed. 497 U.S. 871, 896 (1990) (cause 10 11 must be shown before enlargement of time is granted). “Good cause” is a “non-rigorous 12 standard,” but still requires the requesting party to provide a reasonable explanation as to why, 13 despite the party's diligence, the set deadline cannot be met. United States v. Navarro, 800 14 F.3d 1104, 1109 (9th Cir. 2015). The plain language of the rule demonstrates that the good 15 cause standard in the rule is at a court's discretion. (“the court may, for good cause, extend the 16 time”) (emphasis added); Manzano v. California Dept. of Motor Vehicles, 467 Fed. Appx. 683, 17 685 (9th Cir. 2012) (recognizing abuse of discretion standard as to FRCP 6(b)). 18 19 The parties’ joint motion to extend the deadlines in this case is brought before the Court 20 now, well prior to the existing deadlines. Also, the parties submit that their request meets the 21 requirement that a showing of good cause must be made for this Court to grant this Motion. 22 The ‘good cause’ shown are the facts set forth above concerning the number of party claimants, 23 24 Third-Party Plaintiffs and Third-Party Defendants. These parties have filed affirmative claims, third-party claims, and cross claims. Moreover, it is anticipated that these numerous parties will 25 26 27 retain experts to assist the parties in determining the cause and responsibility for the maritime accident the subject of this case. JOINT STIPULATED MOTION FOR TRIAL CONTINUANCE AND ORDER - 4 NO. 2:22-CV-01679-KKE F LOYD , P FLUEGER & R INGER P.S. 3101 WESTERN AVENUE, SUITE 400 SEATTLE, WA 98121 TEL 206 441-4455 FAX 206 441-8484 1 IV. CONCLUSION 2 For good cause shown, the parties respectfully request that the Court grant their Motion, 3 pursuant to Fed. R. Civ. P. 6(b)(1)(A), to extend the deadline for submitting expert reports by 4 ninety (90) days, to March 6, 2024, and that the discovery deadline be extended to March 24, 5 2024, and that all other case dates, including the trial date, be continued by ninety (90) days to 6 7 dates convenient to the Court. Dated this 27th day of October, 2023 Dated this 30th day of October, 2023 Counsel for Glendinnings Products Counsel for Plaintiff s/William J. Dow______________________ Francis S. Floyd, WSBA #10642 William J. Dow, WSBA #51155 Drew A. Carson, WSBA #48929 Floyd Pflueger & Ringer 3101 Western Avenue, Ste. 400 Seattle, WA 98121 (206) 441-4455 ffloyd@floyd-ringer.com erin@floyd-rigner.com wdow@floyd-ringer.com dcarson@floyd-ringer.com tbolte@floyd-ringer.com s/Otis Felder ______________________ B. Otis Felder, WSBA #24057 Conor F. McCauley, WSBA #58436 Wilson Elser Mostkowitz Edelman & Dicker 1700 – 7th Avenue, Ste. 2100 Seattle, WA 98101 (206) 709-5900 Otis.Felder@wilsonelser.com Fabiola.sanchez@wilsonelser.com Otis.felder@yahoo.com Conor.mccauley@wilsonelser.com Dated this 25th day of October, 2023 Dated this 25th day of October, 2023 19 Counsel for Markel American Insurance Counsel for Lake Washington Yacht Charters 20 s/Jonathan Thames Jonathan W. Thames, WSBA #31060 Kennedys CMK, LLP 455 Market St, Ste 1900 San Francisco, CA 94105 (415) 323-4460 jonathan.thames@kennedyslaw.com alice.probst@kennedyslaw.com brad.pace@kennedyslaw.com helen.davis@kennedyslaw.com juli.carter@kennedyslaw.com SFKennedysDocket@kennedyslaw.com s/ Wayne Mitchell______________________ Wayne Mitchell, WSBA #24347 Anderson & Mitchell, PLLC 1239 120th Ave NE, Ste. A Bellevue, WA 98005 206-229-7296 wayne@andersonmitchell.com 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 JOINT STIPULATED MOTION FOR TRIAL CONTINUANCE AND ORDER - 5 NO. 2:22-CV-01679-KKE F LOYD , P FLUEGER & R INGER P.S. 3101 WESTERN AVENUE, SUITE 400 SEATTLE, WA 98121 TEL 206 441-4455 FAX 206 441-8484 1 Dated this 23rd day of October, 2023 Dated this 24th day of October, 2023 2 Co- Counsel for Lake Washington Yacht Charters Counsel for Atlantic Specialty Ins. Co. s/Paul T. Landis Paul Landis, WSBA # Bauman Loewe Witt & Maxwell, PLLC 8765 E Bell Rd., Ste. 210 Scottsdale, AZ 85260-1321 (480) 502-4664 plandis@blwmlawfirm.com malderson@blwmlawfirm.com tdinardo@blwmlawfirm.com s/ Joseph Tabrisky____________________ Joseph P. Tabrisky, Law Offices of Richard E. Bishop 222 S Harbor Blvd, Ste. 900 Anaheim, CA 92805 (781) 332-7188 jtabrisky@intactinsurance.com jsteinebrenner@intactinsurance.com valejo@intactinsurance.com socalsc@intactinsurance.com 11 Dated this 26th day of October, 2023 Dated this 26th day of October, 2023 12 Co-Counsel for Atlantic Specialty Ins. Co. Counsel for Delta Marine Industries 13 s/Dustin Hamilton_____________________ Dustin Hamilton, WSBA # Legros Buchanan & Paul 4025 Delridge Way SW, Suite 500 Seattle, WA 98106 206-623-4990 dhamilton@legros.com jporter@legros.com sbaskins@legros.com s/Thomas G. Waller__________________ Thomas G. Waller, WSBA #22963 Kellin Tompkins, WSBA #60514 Bauer Moynihan & Johnson, LLP 2101 Fourth Avenue, Suite 2400 Seattle, WA 98121 (206) 905-3232 tgwaller@bmjlaw.com ktompkins@bmjlaw.com kchan@bmjlaw.com 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 // // // // // 24 // 25 26 27 JOINT STIPULATED MOTION FOR TRIAL CONTINUANCE AND ORDER - 6 NO. 2:22-CV-01679-KKE F LOYD , P FLUEGER & R INGER P.S. 3101 WESTERN AVENUE, SUITE 400 SEATTLE, WA 98121 TEL 206 441-4455 FAX 206 441-8484 1 2 Dated this 30th day of October, 2023 Dated this 30th day of October, 2023 4 Counsel for N C. Power Systems Co. Counsel for Dockmate, Inc. 5 s/Todd Rosencrans __________________ Todd W. Rosencrans, WSBA #26551 Monique Wirrick, WSBA # Perkins Coie, LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 (206) 359-8000 trosencrans@perkinscoie.com mwirrick@perkinscoie.com MLewis@perkinscoie.com Sbilger@perkinscoie.com docketseapl@perkinscoie.com s/Nicholas Larson __________________ Nicholas Larson, WSBA #46034 Murphy Pearson Bradley & Feeney 1455 NW Leary Way, Ste. 400 Seattle, WA 98107 (206) 219-2008 nlarson@mpbf.com Dated this 30th day of October, 2023 Dated this 30th day of October, 2023 Counsel for Federal Insurance Company, Geico Marine Insurance Company and Nicholas Leede Co - Counsel for Federal Insurance Company, Geico Marine Insurance Company and Nicholas Leede s/Chih Yu____________________________ Chih Yu (Joseph) Ou, CA Bar#294090 Tyler John Kirsch, CA Bar#332666 Gibson Robb & Lindh 1255 Powell Street Emeryville, CA 94680 (415) 348-6000 jou@gibsonrobb.com tkirsch@gibsonrobb.com efiling@gibsonrobb.com s/Vi Jean Reno ________________________ Vi Jean Reno, WSBA # 9385 Reno Law Seattle 1420 Fifth Ave, Suite 3000 Seattle, WA 98101 (206)622-4100 vjreno@renolawsea.com renolawsea@yahoo.com 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 JOINT STIPULATED MOTION FOR TRIAL CONTINUANCE AND ORDER - 7 NO. 2:22-CV-01679-KKE F LOYD , P FLUEGER & R INGER P.S. 3101 WESTERN AVENUE, SUITE 400 SEATTLE, WA 98121 TEL 206 441-4455 FAX 206 441-8484 1 ORDER 2 The Court GRANTS the parties’ stipulated motion. Dkt. No. 99. The parties are now 3 required to follow the following case schedule to prepare this matter for trial: 4 5 Activity Current Date Proposed Date BENCH TRIAL DATE July 1, 2024 October 7, 2024 Reports from experts December 4, 2024 March 4, 2024 Discovery Completed by January 3, 2024 June 14, 2024 10 Dispositive motions filed by February 4, 2024 July 12, 2024 11 Motions in limine filed by May 28, 2024 August 28, 2024 12 Joint pretrial statement June 3, 2024 September 3, 2024 13 Pretrial conference June 18, 2024 September 27, 2024 Length of bench trial 7-10 days 7-10 days 6 7 8 9 14 15 16 DATED: October 31, 2023 17 18 A 19 20 Kymberly K. Evanson United States District Judge 21 22 23 24 25 26 27 JOINT STIPULATED MOTION FOR TRIAL CONTINUANCE AND ORDER - 8 NO. 2:22-CV-01679-KKE F LOYD , P FLUEGER & R INGER P.S. 3101 WESTERN AVENUE, SUITE 400 SEATTLE, WA 98121 TEL 206 441-4455 FAX 206 441-8484
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